Title CR, Code of Criminal Procedure

Art. 49.34. POSTMORTEM EXAMINATION OR AUTOPSY CONSENT FORM. The commissioner of state health services, in consultation with the Texas Medical Board, shall prescribe a standard written consent form for a postmortem examination or autopsy. The form must: (1) include the name of the…

Art. 49.35. RIGHT TO NONAFFILIATED PHYSICIAN. (a) A person authorized to consent to a postmortem examination or autopsy under Article 49.33 of this code may request that a physician who is not affiliated with the hospital or other institution where the deceased person died: (1) p…

Art. 49.51. DEFINITIONS. In this subchapter: (1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 748 (H.B. 881), Sec. 4, eff. September 1, 2019. (2) "Parent" has the meaning assigned by Section 160.102(11), Family Code. Added by Acts 2017, 85th Leg., R.S., Ch. 777 (S.B. 239), Sec. 1,…

Art. 49.52. RIGHT OF PARENT OF DECEASED PERSON TO VIEW PERSON'S BODY. (a) Except as provided by Subsection (b) or (c), a parent of a deceased person is entitled to view the person's body before a justice of the peace or the medical examiner, as applicable, for the county in which…

Art. 49A.001. DEFINITIONS. In this chapter: (1) "Autopsy" means a postmortem examination of the body of a person, including x-rays and an examination of the internal organs and structures after dissection, to determine the cause of death or the nature of any pathological changes …

Art. 49A.002. WHEN DECEASED PERSON OR BODY CONSIDERED UNIDENTIFIED. For purposes of this chapter, a deceased person or a deceased person's body is considered unidentified if: (1) the deceased person's legal name is unknown; and (2) there is no known person with the duty to inter …

Art. 49A.051. APPLICABILITY. This subchapter applies to the inquest into a person's death that occurs in a county that: (1) does not have an office of medical examiner; and (2) is not part of a medical examiner's district. Added by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610),…

Art. 49A.052. INDEPENDENT AUTHORITY AND DUTIES OF JUSTICE OF THE PEACE. The powers granted to and duties imposed on a justice of the peace under this subchapter are independent of the powers and duties of a law enforcement agency investigating a person's death. Added by Acts 2025…

Art. 49A.053. DEATHS REQUIRING INQUEST. (a) A justice of the peace shall conduct an inquest into the death of a person who dies in the county served by the justice if: (1) the person dies in prison under circumstances other than those described by Section 501.055(b), Government C…

Art. 49A.054. REQUIRED NOTICE TO JUSTICE OF THE PEACE; OFFENSE. (a) A physician or other person who possesses a body or body part of a person whose death requires an inquest under Article 49A.053 shall immediately notify the justice of the peace of the precinct in which the body …

Art. 49A.055. ALTERNATE OFFICIALS REQUIRED TO CONDUCT INQUESTS; OFFENSE. (a) If the justice of the peace of the precinct in which the body or body part was found is not available to conduct an inquest, a person required to give notice under Article 49A.054 shall notify the neares…

Art. 49A.056. REQUIRED NOTICE OF DEATH IN PENAL INSTITUTION. (a) If a person confined in a penal institution dies, the sheriff or other person in charge of the penal institution shall as soon as practicable provide notice of the death to the justice of the peace of the precinct i…

Art. 49A.057. AUTHORITY TO ACT ON CERTAIN INFORMATION. A justice of the peace conducting an inquest may act on: (1) information the justice receives from a credible person; or (2) facts within the justice's knowledge. Added by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec.…

Art. 49A.058. TIME AND PLACE OF INQUEST. (a) A justice of the peace shall conduct an inquest as soon as practicable after the justice receives notice of the death. (b) A justice of the peace may conduct an inquest: (1) at the place where the death occurred; (2) at the place where…

Art. 49A.059. OFFENSE: HINDERING AN INQUEST. (a) A person commits an offense if the person intentionally or knowingly hinders the entrance of a justice of the peace to a premises where a death occurred or a body was found. (b) An offense under this article is a Class B misdemeano…

Art. 49A.060. LIMITATIONS ON MOVING BODY AND PHYSICAL SURROUNDINGS; OFFENSE. (a) A justice of the peace may direct the removal of a body from the place of death or move any part of the physical surroundings of a body only after: (1) a law enforcement agency is notified of the dea…

Art. 49A.061. AUTHORITY TO LOCK AND SEAL PREMISES OF DECEASED PERSON; LIABILITY OF ESTATE FOR EXPENSES; OFFENSE. (a) If a body or body part that is subject to an inquest under Article 49A.053 is found on premises that were under the sole control of the deceased person, a justice …

Art. 49A.062. AUTHORITY TO DISINTER BODY. If a body or body part subject to an inquest under Article 49A.053 is interred and an authorized person has not conducted an inquest required under this subchapter, a justice of the peace may direct the disinterment of the body or body pa…

Art. 49A.063. AUTOPSIES. (a) A justice of the peace may obtain the opinion of a county health officer or a physician regarding whether an autopsy is necessary to determine or confirm the nature and cause of a death. (b) Unless an autopsy is required under Subsection (c)(2), for e…

Art. 49A.064. TAKING SAMPLES; LIMITED AUTOPSIES. (a) If a justice of the peace determines that a complete autopsy is unnecessary to confirm or determine the cause of death, the justice may order a physician to take or remove from a body a sample of body fluids, tissues, or organs…

Art. 49A.065. CHEMICAL ANALYSES. (a) A justice of the peace may obtain a chemical analysis of a sample taken from a body to determine whether the death was caused, wholly or partly, by the ingestion, injection, or introduction into the body of a poison or other chemical substance…

Art. 49A.066. LIABILITY OF PERSON PERFORMING AUTOPSY OR TEST. A person who performs an autopsy or a test on a body on the order of a justice of the peace in the good faith belief that the order is valid is not liable for damages if the order is invalid. Added by Acts 2025, 89th L…

Art. 49A.067. UNIDENTIFIED BODY. (a) A justice of the peace investigating an unidentified person's death described by Article 49A.053(a)(3)(B) shall report the death to the missing children and missing persons information clearinghouse of the Department of Public Safety and the N…

Art. 49A.068. CREMATION; OFFENSE. (a) A person may not cremate or direct the cremation of a body subject to an inquest under Article 49A.053 unless: (1) the body is identified; and (2) the person has received from the justice of the peace a certificate signed by the justice stati…

Art. 49A.069. INQUEST HEARING; CONTEMPT. (a) A justice of the peace conducting an inquest may hold an inquest hearing if the justice determines that the circumstances warrant the hearing. The justice shall hold an inquest hearing if requested by a district attorney or a criminal …

Art. 49A.070. OFFENSE: FAILING TO APPEAR AT INQUEST HEARING. (a) A juror who is properly summoned for an inquest hearing under Article 49A.069(c) and fails to appear, other than a juror exempted by law from jury service, commits an offense. (b) An offense under this article is pu…

Art. 49A.071. INQUEST RECORD. (a) A justice of the peace or other person authorized under this subchapter to conduct an inquest shall make an inquest record for each inquest the justice or person conducts. The inquest record must include: (1) a report of the events, proceedings, …

Art. 49A.072. WARRANT OF ARREST. (a) A justice of the peace who is conducting an inquest into a person's death under this subchapter may issue a warrant for the arrest of a person suspected of causing the death if: (1) the justice has knowledge that the suspect caused the death; …

Art. 49A.073. COMMITMENT OF SUSPECT. If a justice of the peace finds at the conclusion of an inquest that a person who has been arrested in the case caused or contributed to the death that is the subject of the inquest, the justice may: (1) commit the person to jail; or (2) requi…

Art. 49A.074. PRESERVATION OF EVIDENCE. A justice of the peace shall: (1) preserve all tangible evidence that the justice obtains in the course of an inquest that tends to identify the person who caused the death that is the subject of the inquest or show the actual cause of deat…

Art. 49A.075. OFFICE OF DEATH INVESTIGATOR. (a) The commissioners court of a county may establish an office of death investigator and employ one or more death investigators to assist a person in the county who conducts an inquest. A death investigator serves at the will of the co…

Art. 49A.076. DUTY TO SIGN DEATH CERTIFICATES AND INQUEST ORDERS. The justice of the peace or other person who conducts an inquest under this subchapter shall sign the death certificate and each order that the justice or other person makes as a necessary part of the inquest. Adde…

Art. 49A.077. AUTHORITY TO REOPEN INQUEST BASED ON CERTAIN INFORMATION. A justice of the peace may reopen an inquest if, based on information provided by a credible person or facts within the knowledge of the justice of the peace, the justice of the peace determines that reopenin…

Art. 49A.101. CREATION OF OFFICE REQUIRED IN CERTAIN COUNTIES; AUTHORITY TO ESTABLISH OFFICE. The commissioners court of a county with a population of more than 2.5 million shall establish and maintain an office of medical examiner. The commissioners court of any other county may…

Art. 49A.102. CREATION OF MULTI-COUNTY MEDICAL EXAMINERS DISTRICT; WITHDRAWAL. (a) The commissioners courts of two or more counties may enter into an agreement to create a medical examiners district and to jointly operate and maintain an office of medical examiner of the district…

Art. 49A.103. INQUEST POWERS AND DUTIES OF JUSTICE OF THE PEACE APPLY TO MEDICAL EXAMINER; CONFLICT OF LAWS. (a) When the commissioners court of a county establishes an office of medical examiner, all powers and duties of justices of the peace in that county relating to a death i…

Art. 49A.104. WHICH MEDICAL EXAMINER REQUIRED TO CONDUCT INQUEST. An inquest authorized and required by this subchapter shall be conducted by the medical examiner of the county in which the death subject to the inquest occurred. Added by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. …

Art. 49A.105. APPOINTMENT AND QUALIFICATION OF MEDICAL EXAMINER. (a) The commissioners court of a county that establishes an office of medical examiner shall appoint the medical examiner. A person appointed as the medical examiner must be: (1) a physician licensed by the Texas Me…

Art. 49A.106. EMPLOYEES. Subject to the approval of the commissioners court, the medical examiner may employ deputy examiners, scientific experts, trained technicians, officers, and other employees as necessary to properly perform the duties imposed on the medical examiner by thi…

Art. 49A.107. SALARIES. The commissioners court of a county that establishes an office of medical examiner shall establish and pay the salaries and compensations of the medical examiner and the medical examiner's employees. Added by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610)…

Art. 49A.108. PROVISION OF OFFICE SPACE AND LABORATORY FACILITIES. The commissioners court of a county that establishes an office of medical examiner shall: (1) provide the medical examiner and the medical examiner's employees with adequate office space; and (2) on request of the…

Art. 49A.109. DEATHS REQUIRING INQUEST BY MEDICAL EXAMINER. (a) A medical examiner, or a medical examiner's authorized deputy, shall conduct an inquest if: (1) a person dies within 24 hours after the person is admitted to an institution or in prison or jail; (2) a person: (A) die…

Art. 49A.110. REQUIRED NOTICE TO MEDICAL EXAMINER OF DEATHS. (a) A police officer, superintendent or general manager of an institution, physician, or other person who becomes aware of a person's death under circumstances described by Article 49A.109(a) shall immediately report th…

Art. 49A.111. AUTHORITY TO ADMINISTER OATHS AND TAKE AFFIDAVITS DURING INQUEST. The medical examiner, or the medical examiner's authorized deputy, may administer oaths and take affidavits while conducting an inquest under this subchapter. Added by Acts 2025, 89th Leg., R.S., Ch. …

Art. 49A.112. MEDICAL EXAMINER MUST AUTHORIZE REMOVAL OF BODY; EXCEPTIONS. If a death occurs under circumstances described by Article 49A.109(a), a person may not disturb or remove the body from the position in which the body is found without authorization from the medical examin…

Art. 49A.113. AUTHORITY TO DISINTER BODY. The medical examiner may cause a body to be disinterred for the purpose of an inquest if an inquest should have been conducted on the body before interment. Added by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 1.01, eff. April 1…